By Tom Zuber and Jeff Zuber of Zuber Lawler & Del Duca
A unanimous Supreme Court held that a state legal malpractice claim involving a patent issue did not “arise under” federal patent law, and thus did not belong in federal court. In Gunn, et al., v. Minton, No. 11-1118 (U.S. Feb. 20, 2013), the Court found that while resolution of a… More...
The Federal Circuit recently allowed several design patent infringement-related claims to go forward after reversing a district court’s complete dismissal. In Hall v. Bed Bath & Beyond Procurement Co. Inc., 2011-1165, 2011-1235 (Fed. Cir. Jan. 25, 2013), the Court sided mostly with More...
The Federal Circuit recently interpreted the Supreme Court’s MedImmune standard for declaratory judgment jurisdiction involving alleged indirect patent infringement. In Arkema, Inc. v. Honeywell Intl., Inc., 2012-1308 (Fed. Cir. Feb. 5, 2013), the Federal Circuit found that several elements More...
The Leahy-Smith America Invents Act (“AIA”) will be fully implemented on March 16, 2013. Since its passage, the provisions of the AIA have come into effect in stages. The important first-to-file change takes effect on patent applications filed after March 16. As first-to-file replaces the More...
The Federal Circuit has created some ambiguity regarding its propensity to issue permanent injunctions to prevailing plaintiffs. In Edwards Lifesciences AG v. Corevalve, Inc., 2011-1215 and 2011-1257, (Fed. Cir. Nov. 13, 2012), the Court stated that such plaintiffs may “normally expect” the More...
The Federal Circuit has made it easier for prior inventors to invalidate an existing patent. In Fox Group, Inc. v. CREE, Inc., 2011-1576, (Fed. Cir. Nov. 28, 2012), the Court invalidated two major claims in an existing product patent as a prior inventor was able to prove reduction to practice More...
The Federal Circuit recently clarified that district courts should not employ their own circuit’s standard for a preliminary injunction when dealing with patent infringement cases. In Revision Military, Inc. v. Balboa Manufacturing Co., 2011-1628 (Fed. Cir. Nov. 27, 2012), the Court held that a More...
The Federal Circuit recently held for the first time that mandamus was available to challenge a district court’s discretion in motions to sever and transfer. In In re EMC, the Court also found that in order to join parties, there must be a “logical relationship” between them, involving More...
The Federal Circuit recently supported the PTO’s authority to overrule a judicial decision on patent claim validity. In In re Baxter Intl., Inc., 673 F.3d 1357 (Fed. Cir. 2012), the Court upheld a PTO reexamination decision to invalidate patent claims, even though the Court previously upheld a More...
The Federal Circuit recently reinterpreted its own holdings to allow process patent holders to sue the United States when part of the process occurs in a foreign country. In Zoltek Corp. v. United States, 672 F.3d 1309 (Fed. Cir. 2012), the Federal Circuit revisited its holding in Zoltek III and More...
The Federal Circuit recently changed the analysis of willful infringement, making the first prong of objective recklessness from a matter of fact to a matter of law. In Bard Peripheral Vascular, Inc. v. Gore & Assoc., Inc., 682 F.3d 1003 (Fed. Cir. 2012), the Federal Circuit took note of the mixed More...
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